LAWS(ALL)-2007-12-102

MOHD HAKIM Vs. STATE OF U P

Decided On December 11, 2007
MOHD HAKIM Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) BY the Court. The petitioner has filed this writ petition for renewal of the mining lease.

(2.) WE have heard Shri Krishna Kumar Chaurasiya, learned Counsel for the petitioner and learned Standing Counsel for the respondents.

(3.) THIS is admitted fact that when any person moves application for grant or renewal of the lease it is the duty of the District Magistrate concerned to get 'no Objection Certificate' from the Forest Department. In the case of K. M. Chinnappa v. T. N. Godavarman Thirumalpad, 2002 (7) Supreme 620, the similar question arose before the Hon'ble Apex Court and the following observations was made: "coming to plea that in case of renewal there is no requirement of compli ance of Section 2 of the Forest Conservation Act, the stand is clearly unten able in view of decisions in Ambica Quarry's case (supra) and Rural Litigation and Entitlement Kendra v. Sfafe of U. P. , (AIR 1988 SC 2187) where at page 2201 it was observed that 'whether it is a case of first grant or renewal follow ing exercise of option by the lessee, the compliance of Section 2 of the Forest Conservation Act is necessary as a condition precedent. "